Electronic Evidence
Regular readers know that I have a particular interest in the intersection of new technologies and criminal law. But I am not the only person at the School of Government […]
January 6, 2010
North Carolina’s Notice and Demand Statute for Chemical Analyses in Drug Cases Is Constitutional
In Melendez-Diaz v. Massachussetts, the United States Supreme Court held that forensic laboratory reports—such as those identifying a substance as a controlled substance—are testimonial and subject to the new Crawford […]
November 16, 2009
Using Other Bad Acts to Prove Malice in a Vehicular Homicide Case
Among the most recent batch of opinions issued by the Court of Appeals was State v. Tellez, in which the court upheld the defendant’s conviction of two counts of second-degree […]
November 4, 2009
State v. Mobley: Green Light to the Use of Substitute Analysts
In previous posts [editor’s note: her prior posts are here and here] I have written about the developing North Carolina law on the use of substitute analysts after Melendez-Diaz. In […]
October 22, 2009
Galindo and “Substitute Analysts” After Melendez-Diaz
On October 20, 2009, the North Carolina Court of Appeals decided State v. Galindo, holding that a Crawford violation occurred when the State’s expert gave an opinion, in a drug […]
October 13, 2009
The “Explains Conduct” Non-Hearsay Purpose
Most readers of this blog know that hearsay evidence, meaning an out-of-court statement “offered in evidence to prove the truth of the matter asserted,” N.C. R. Evid. 801(c), is presumptively […]
September 11, 2009
Evidentiary Issues in Sex Crimes Cases
I recently completed an Administration of Justice Bulletin on evidentiary issues in sex crimes cases. It’s available for free here. It covers the application of N.C. R. Evid. 412, i.e., […]
September 9, 2009
Melendez-Diaz “Fix”
Melendez-Diaz v. Massachussetts, as most readers of this blog know, is the United States Supreme Court’s latest pronouncement on the Confrontation Clause. Generally, it holds that forensic laboratory reports — […]
September 1, 2009
State v. Locklear and the Admissibility of Forensic Reports
Last Friday, the North Carolina Supreme Court decided State v. Locklear, holding, in part, that a Crawford violation occurred when the trial court admitted opinion testimony regarding a victim’s cause […]
August 20, 2009
Visual Identification of Drugs (Again)
The longest opinion issued by the court of appeals this week was Judge Ervin’s 45-page treatise in State v. Ward, __ N.C. App. __ (2009). Although the opinion contains other […]
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